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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
R-S Broadcasting Company, Inc. ) File Number: EB-08-CF-0311
Licensee of Radio Station WCWV ) NAL/Acct. No.: 200932340002
Facility ID # 54368 ) FRN: 0009053117
Summersville, West Virginia )
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 5, 2009
By the Acting District Director, Columbia Field Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that R-S Broadcasting Company, Inc. ("R-S Broadcasting"), licensee of
station WCWV, in Summersville, West Virginia, apparently willfully and
repeatedly violated Section 73.3526(e)(12) of the Commission's Rules
("Rules") by failing to maintain radio issues/programs lists in the
station's public inspection file. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that R-S
Broadcasting is apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000).
II. BACKGROUND
2. On July 22, 2008, the Columbia Field Office received information
regarding possible violations at station WCWV. In response, agents
from the Columbia Field Office scheduled an inspection of station WCWV
for August 15, 2008.
3. On August 15, 2008, agents conducted an inspection at WCWV's main
studio in Summersville, WV with the station's owner. While at the main
studio, the agents reviewed the contents of the public inspection file
and found that the public inspection file was missing some components.
Specifically, the last date for the radio issues/programs lists was in
2002. R-S Broadcasting is required to maintain in the public
inspection file all quarterly radio issues/programs lists since the
grant of the latest WCWV renewal application. WCWV's most recent
license renewal was granted on September 25, 2003. In its renewal
application, R-S Broadcasting certified in response to Section III,
Question 3, that the public inspection file for WCWV had the proper
documentation as required by 73.3526.
III. DISCUSSION
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
licensees to place in their public inspection file, for each quarter,
a list of programs that have provided the station's most significant
treatment of community issues during the preceding three month period.
This list is known as the radio issues/programs list. R-S Broadcasting
is required to maintain in WCWV's public inspection file all quarterly
radio issues/programs lists since the grant date of the latest WCWV
renewal application, which occurred on September 25, 2003. During an
inspection on August 15, 2008, agents found that R-S Broadcasting had
not placed in its public inspection file any issues/programs lists
during the current license term. R-S Broadcasting was aware of the
requirement to have a complete public inspection file, given its 2003
certification in the WCWV renewal application that it was in full
compliance with the public inspection file rules. We therefore
conclude that the violation was willful. Because the violation
occurred on more than one day, the violation was repeated.
6. Based on the evidence before us, we find that R-S Broadcasting
apparently willfully and repeatedly violated Section 73.3526(e)(12) of
the Rules by failing to maintain radio issues/programs lists in the
station's public inspection file.
7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for violation of the public file rule is
$10,000. In assessing the monetary forfeiture amount, we must also
take into account the statutory factors set forth in Section
503(b)(2)(E) of the Act, which include the nature, circumstances,
extent, and gravity of the violations, and with respect to the
violator, the degree of culpability, and history of prior offenses,
ability to pay, and other such matters as justice may require.
Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that R-S
Broadcasting is apparently liable for a ten thousand dollar ($10,000)
forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, R-S Broadcasting Company,
Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of ten thousand dollars ($10,000) for violations of Section
73.3526(e)(12) of the Rules.
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, R-S Broadcasting Company,
Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
10. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment by wire transfer may be made to ABA Number 021030004,
receiving bank TREAS/NYC, and account number 27000001. For payment by
credit card, an FCC Form 159 (Remittance Advice) must be submitted.
When completing the FCC Form 159, enter the NAL/Account number in
block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under
an installment plan should be sent to: Chief Financial Officer --
Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554. Please contact the Financial Operations Group Help Desk
at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
regarding payment procedures. If payment is made, R-S Broadcasting
shall send electronic notification on the date said payment is made to
NER-Response@fcc.gov.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Columbia Field
Office, 9200 Farm House Lane, Columbia, MD, 21046 and must include the
NAL/Acct. No. referenced in the caption.
12. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to R-S Broadcasting Company, Inc. at its
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Richard M. Caine
Acting District Director
Columbia Field Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 73.3526(e)(12).
47 U.S.C. S: 503(b).
See File No. BRH-20030602CAD filed June 3, 2003.
Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[t]he term `willful', when used with reference to the
commission or omission of any act, means the conscious and deliberate
commission or omission of such act, irrespective of any intent to violate
any provision of this Act or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he term 'repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day."
47 C.F.R. S: 73.3526(e)(12).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
73.3526(e)(12).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission